R v Green (No 10) [2021] NSWSC 1449

Supreme Court New South Wales

Medium Neutral Citation: R v Green (No 10) [2021] NSWSC 1449 Hearing dates: 5-9 and 12-16 July; 20-24 and 27-30 September; 1, 5-8 and 11-13 October 2021 Date of orders: 15 November 2021 Decision date: 15 November 2021 Jurisdiction: Common Law - Criminal Before: Campbell J Decision: (1) In relation to Count 1, my verdict is a Special Verdict of the act of fatally stabbing Teah Luckwell is proven, but Mr Green is not criminally responsible; (2) In relation to Count 2, my verdict is a Special Verdict of the act of aggravated break and enter at Ernest Street, Oxley Vale is proven, but Mr Green is not criminally responsible; (3) In relation to Count 3, my verdict is a Special Verdict of the act of using an offensive weapon at 48 Robert Street is proven, but Mr Green is not criminally responsible; (4) Under s 67 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Jesse Green is referred to the Mental Health Review Tribunal; (5) Under s 33 of the said Act order that Jesse Green is to be detained at such place and in such manner as the Mental Health Review Tribunal determines until released by due process of law; (6) Direct that a copy of these reasons and of the evidence of Dr Allnutt and Dr Chew be forwarded to the Registrar of the Mental Health Review Tribunal; (7) Remit sequences 2, 5, 6 and 9 on the s 166 certificate to the Local Court at Tamworth. Catchwords: CRIMINAL LAW – trial by judge alone – special hearing – murder – wholly circumstantial case – reasons for verdict Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 6, 28, 29, 33, 51, 54, 56, 59, 67 Criminal Procedure Act 1986 (NSW) s 133, 166 Evidence Act 1995 (NSW) ss 32, 38, 50; 116, 165 Crimes Act 1900 (NSW) ss 33B, 105A, 112, 428B, 428C, 428F Cases Cited: Hawkins v the Queen (1994) 1979 CLR 500; [1994] HCA 28 R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Texts Cited: Pekka Saukko and Bernard Knight, Knight's Forensic Pathology (CRC Press, 4th ed, 2015) Category: Principal judgment Parties: Regina (Crown) Jesse Leigh Green (Accused) Representation: Counsel: B. Costello (Crown) S. Bouveng (Accused)